Unfair Contract Terms
The Australian Competition and Consumer Commission (ACCC) recently initiated proceedings against, Mitolo Group Pty Ltd, Australia’s largest potato wholesaler, and its related entity, for alleged unfair contract terms with its farmers. The alleged unfair terms, in its standard form contracts, include: 1. unilaterally determining or varying the price of potatoes that customers pay ; 2. declaring potatoes […]
Know Your Wages And Super Obligations
Under the Fair Work Act 2009 the maximum remuneration an employee can receive and still bring an unfair dismissal claim will increase to $145,400 from 1 July 2018. The threshold applies to an employee’s annual rate of earnings and includes wages, any amounts applied or dealt with on the employee’s behalf and the agreed value […]
Section 11A(1) Defence – The Importance of Medical Evidence.
In order for an employer to succeed in a defence based on s.11A(1) of the 1987 Act it must demonstrated the injury was “wholly or predominantly” caused by reasonable action taken, or proposed to be taken, with respect to the actions specified in the section. The decision in Hamad v Q Catering Limited [2017] NSWWCCPD 6 (15 March […]
Recoveries ‘Chopped’ by Chopper Case
In a 2017 decision of Southwest Helicopters Pty Ltd v Stephenson, the New South Wales Court of Appeal held that if any negligence attaches to an employer, that employer is precluded from recovering WC payments from 3rd party tortfeasors even if the third party carries a vastly higher share of liability. This interpretation of s.151Z […]
Personal Property Securities Register Seven Year Anniversary
January 2019 marks the seven (7) year anniversary of the Personal Property Securities Register (PPSR). This means all businesses that have made seven-year registrations, being the most common registration period, will find their registrations expiring from 30 January 2019. The Personal Property Securities Act 2009 (Cth) is a multi-faceted piece of legislation, and one of the things […]
Corporations – Admissibility of books in evidence
Section 1305 of the Corporations Act 2001 (Cth) (the Act) provides that ‘books’ kept by a company under a requirement of the Act are prima facie evidence of the matters they record. A recent decision by the Supreme Court of Western Australia determined that financial information maintained by companies, in electronic form, may be admitted […]